Case details
Failure to checked on mother in jail’s safety cell led to death: sons
SUMMARY
$825000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, dehydration, organ failure, sepsis, septic shock, unconsciousness
FACTS
On Dec. 5, 2015, plaintiffs’ decedent Larra Gillis, 47, was found unresponsive inside a padded, isolated safety cell in the city of Marina. She had been arrested for walking in and out of traffic. Gillis was locked in the cell for 28 hours before she was found unresponsive and taken to a hospital. She ultimately died on Dec. 19, 2015. Gillis’ two sons, James Gregory and Brandon Villarreal, sued Sheriff Steve Bernal; Deputies J. Mendoza, Wong and Douglas Raarup; Officers P. Sanchez, Anna Rocamora and Robin Leland; Corporals Carolyn Peliova and Daniel Andrada; the police officers’ employer, the county of Monterey; the city of Marina; the Board of Trustees of the California State University; a consultant who performed needs assessments at the jail since 2007, Dr. Taylor Fithian; Nurse Lori Edwards; and Fithian and Edwards’ employer, California Forensic Medical Group. The city and the board of trustees were dismissed from the case, and the matter continued against the remaining defendants. Plaintiffs’ counsel contended that despite yelling, “Help me,” multiple times, Gillis was not given medical attention while detoxing and suffering from an infection. Counsel argued that the county and the medical group negligently hired, trained, supervised and retained its employees. Plaintiffs’ counsel also argued that the defendants failed to monitor Gillis and failed to recognize and/or were indifferent to Gillis’ medical needs. Defense counsel contended that Gillis had a long history of drug abuse that was well known to the family and that Gillis arrived at the jail under the influence of certain illegal drugs and was in a highly combative state. Counsel contended that as a result of her condition, Gillis was immediately placed in a safety cell for her protection and that of the medical staff, which assessed her within minutes of her arrival at the jail. Defense counsel contended that Gillis was then checked by medical staff, including registered nurses and mental health doctors, and police officers on the average of every 12 minutes of her confinement and that Gillis was provided with food and fluids, which, at times, she took and at other times, she refused. Counsel asserted that, based on a custody review of the cell safety checks and the medical checks, it was believed that Gillis was improving until her sudden and unexpected failure, and the need arose to transport her to the nearby hospital. The county’s counsel moved for summary judgment on three causes of action under Section 1983. The motion was granted in favor of each of the officers who oversaw Gillis during her confinement., Gillis was found unresponsive on Dec. 5, 2018. She was transported to Natividad Medical Center, in Salinas, where she she was intubated. However, she never regained consciousness. Gillis ultimately died on Dec. 19, 2015. The autopsy report stated that the cause of death was multiple organ failure due to septic shock. The report noted that Gillis’ sepsis was caused by a urinary tract infection and other conditions, such as chronic polysubstance abuse. Gillis’ minor son, Brandon Villarreal, and adult son, James Gregory, sought recovery of wrongful death damages for the loss of their mother.
COURT
United States District Court, Northern District, San Jose, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury